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Know your Rights
Did you know that 85% of air passengers do not know their rights when it comes to air travel?
It’s no surprise, then, that when something goes wrong, many of us feel overwhelmed and confused about our options. Shockingly, the vast majority of air travel passengers don’t know that they are entitled to compensation for not just cancellations and delays but also if they were overbooked, denied boarding, downgraded or missed a connection.
Here at Jet Justice, our mission is to take the stress and confusion out of these situations. We handle the paperwork, airline communication, and legal processes involved with getting you the compensation that you deserve.
Many travellers don’t realise that, legally and financially, airlines are responsible for transportation issues – not passengers. If you incur costs as a result of
This page outlines the different legislation that govern worldwide disruptions.
European Economic Area (EEA) - EC261
EC261 compensation is a regulation in European law that holds the airlines accountable for any delays, cancellations or denied boarding and protects passengers. This law applies to all flights (scheduled, charter, and low-cost) departing from a European Economic Area country, as well as flights arriving into the European Economic Area if operated by an European Economic Area airline.
Right to care: In the event of a significant delay, cancellation, or denied boarding, airlines must provide passengers with food and drinks, access to communication, and, if necessary, accommodation (including transportation to and from the airport).
Exemptions: Airlines are exempt from paying compensation if the disruption was caused by extraordinary circumstances beyond their control, such as extreme weather or security concerns. However, they are still obligated to offer care and assistance.
United Kingdom (UK) - UK261
During Britiain’s exit from the European Union, frequent fliers transiting the UK and industry insiders alike were concerned that the historically strong passenger protection regulations enjoyed as a member of the European Economic Area (EC261) would end. Thankfully, this scenario has not come to fruition; the virtually identical UK261 was introduced as part of the EU exit legislations of 2019, providing continuity and protection for passengers, however, there are a few key differences:
- UK261 only applies to flights departing from the UK, or that arrive in the UK and are operated by a UK registered airline.
- Compensation under UK261 is paid in Great British pounds (£).
- Overseen by the United Kindom Civil Aviation Authority (UKCAA) as opposed to the EU aviation authorities.
Right to care: In the event of a significant delay, cancellation, or denied boarding, airlines must provide passengers with food and drinks, access to communication, and, if necessary, accommodation (including transportation to and from the airport).
Exemptions: Airlines are exempt from paying compensation if the disruption was caused by extraordinary circumstances beyond their control, such as extreme weather, strikes or security concerns. However, they are still obligated to offer care and assistance.
Not sure which legislation applies to your flight? Let us check for you!
Canada - Air Passenger Protection Regulations
In Canada, air passenger rights are governed by Air Passenger Protection Regulations (APPR), part of the Canada Transportation Act, which outlines compensation and assistance for delays, cancellations, denied boarding and other issues.
Communication: Airlines are required to inform passengers promptly about delays, cancellations, and denied boarding, including the reasons and compensation they are entitled to.
Summary of Potential Compensation:
Flight Delays & Cancellations: Up to CA$1,000 (large airlines) or CA$500 (small airlines).
Denied Boarding: Up to CA$2,400.
Tarmac Delays: Option to deplane after 3 hours.
Lost or Delayed Baggage: Up to CA$2,300.
While the Canadian rules appear to be similar to their European equivalents, there are some key differences when it comes to what is considered to be “within the airline’s control”.
Use our free tool now to check if you’re be owed compensation!
United States (US) - Department of Transportation
In the United States, passenger rights related to air travel are governed primarily by the Department of Transportation, but the rules are not as comprehensive or passenger-friendly as those under the EC 261 and the UK216 regulations (see above). U.S. flight laws focus more on issues like denied boarding, tarmac delays, and lost luggage, with fewer regulations regarding compensation for flight delays and cancellations. Here’s an overview of key protections under U.S. flight law:
Flight Delays & Cancellations: US law does not mandate compensation for delays or cancellations. Airlines are required to notify passengers but compensation depends on the individual airlines’ terms and conditions of carriage. However many flights out of the US still fall under other legislation depending on where you booked your tickets, where you are transiting on connecting flights, and whether a non-US airline is operating the flight. For example, if you are travelling to or from an EU country, you’re still covered under the EC261.
To confirm your eligibility for flights departing the US, you can use our free compensation checker tool.
Denied Boarding: Passengers who have been involuntarily bumped due to overbooking are entitled to up to $1,550 compensation depending on how many hours this delays you by.
Tarmac Delays: Airlines cannot keep passengers on the tarmac for more than 3 hours for domestic flights and 4 for international flights without allowing deplaning, and must provide food, water and access to restrooms.
Refunds: Passengers are entitled to a full refund for cancelled flights, even if you booked on a non-refundable ticket.
Baggage: Airlines are held liable for lost and delayed baggage, subject to conditions and limitations to liability. The maximum liability amount allowed by the regulation is $3,800 per passenger (DOMESTIC) and approximately $1,700 per passenger (INTERNATIONAL). When the damage cannot be repaired airlines will negotiate a compensation amount based on the value of the bag and its depreciation. Although airlines are not required to cover fair wear and tear, airlines cannot exclude liability for damage to wheels, handles, straps and other components of checked baggage.
If you are confused about what you are entitled to with US law let us figure it out for you with our compensation checker.